DETAILED ACTION
In Applicant’s Response filed 2/2/26, Applicant amended claims 1 and 23. Claims 2-5, 7, 9-10 and 12 have been cancelled. Currently, claims 1, 6, 8, 11 and 13-24 are pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 6, 8, 11, 13-24 are rejected under 35 U.S.C. 103 as being unpatentable over Feng et al (EP 3078360 A1) in view of Feng et al (EP 3087960 A1) (hereinafter referred to as “Feng ‘960”), Canada et al (US 2006/0127462) and Rui (CN 107625582 A) and further in view of Horenziak et al (US 2003/0056916).
With respect to claim 1, Feng discloses a wound care device (3 layered wound dressing shown in fig 1; para [0009]) comprising:
a first layer of fabric (wound contact layer 1 in fig 1; para [0009-0010]; formed as a fabric layer – para [0014]) having a wound contact surface (surface of layer 1 configured to contact a wound) and a wound fluid reservoir surface (opposite surface of layer 1 which faces and is adjacent to the middle layer 2 which is interpreted as being a wound fluid reservoir since it absorbs and retains wound fluid – para [0010]), wherein the first layer of fabric (1) contains lyocell fibers (para [0011] line 37);
a second layer of fabric (middle absorbent layer 2 in fig 1; para [0009-0010;0018-0022]) that is a nonwoven fabric (nonwoven – abstract) comprised primarily of lyocell fibers (para [0019]) and having a wound facing surface (surface adjacent to wound contact layer 1) and a non-wound facing surface (surface that is adjacent to layer 3 in fig 1 which faces away from the wound contact layer 1 and, thus, faces away from a wound during use); and
wherein the first layer of fabric and the second layer of fabric are joined together (joined using heat lamination or needle punching or adhesive lamination – para [0030] part 1); and
wherein the wound care device transports wound fluid uni-directionally from the wound contact surface of the first layer of fabric to the wound fluid reservoir surface upon exposure to a wound (wound contact layer 1 absorbs and transfers wound fluid to the middle absorbent layer 2 via almost vertical transfer whereby the fluid is absorbed and retained in layer 2; since the fluid is transferred from layer 1 to layer 2 and then retained in layer 2, the transport is interpreted as being “uni-directional” – see para [0010,0032]).
Feng does not, however, disclose that the first layer of fabric and the second layer of nonwoven fabric are joined together via threads of stitch bonding, wherein the threads of stitch bonding penetrate each layer comprising the wound care device and directly contact a wound.
Feng ‘960, however, teaches a multilayered wound dressing wherein the layers are laminated together by needle punching, thermal binding, chemical (adhesive) bonding, ultrasonic welding, or stitch bonding (para [0025]). Thus, Feng ‘960 teaches that methods such as needle punching and adhesive lamination can be used interchangeably with processes like stitch bonding in order to join layers of a wound dressing. The stitch bonding process involves stitching through layers to thereby bond/join them to one another – the stitches are interpreted as penetrating and passing completely through the layers during this process to join them to each other and thus are expected to be at least partly visible/present on the outer facing surfaces of the joined layers to thereby directly contact a wound during use. Feng ‘960 further teaches that stitch bonded fabric “can produce some pattern at the bonding points such as square, triangle, rectangle, diamond, circle or dot…[which] may be used to prevent the lateral spreading of fluid, providing a lateral moisture locking function to the fabric” (para [0044]). Thus, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have joined the first and second layers of fabric in Feng via threads of stitch bonding, wherein the threads of stitch bonding penetrate each layer comprising the wound care device and directly contact a wound since Feng ‘960 teaches that such a joining mechanism is an acceptable alternative to using needle punching or adhesive lamination to join layers when forming a wound dressing and that such a joining mechanism provides the benefit of forming a pattern in the material which prevents the lateral spreading of fluid and thereby provides a lateral moisture locking function to the fabric.
Feng also does not disclose that the first layer of fabric is knit fabric wherein the knit fabric is circular knit fabric that, specifically, is a jersey knit fabric.
Canada, however, teaches an analogous wound care device wherein the “fabric may be of any variety, including but not limited to, woven fabric, knitted fabric, nonwoven fabric, or combinations thereof” (para [0020]) but, preferably, is comprised of a knit construction (para [0003]) and, specifically, is a jersey knit that is a circular fabric made with a plain stitch where loops intermesh in only one direction to provide different appearances on the face/back of the fabric (para [0022]). Thus, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have used a jersey knit fabric as taught by Canada instead of a nonwoven fabric for the first layer of the device of Feng in view of Feng ‘960 in order to provide a different appearance on the face as compared to the back of the fabric. Additionally, one would have been motivated to form the first layer of the dressing of Feng in view of Feng ‘960 as a jersey knit fabric as taught by Canada since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Feng also discloses that the first layer of fabric (1) contains lyocell fibers (para [0011] line 37), but does not explicitly disclose that the wound fluid reservoir surface comprises primarily the lyocell fibers while the wound contact surface is comprised primarily of hydrophobic fibers.
Rui, however, teaches a wound dressing which comprises a first layer of fabric (layers are combined by needling, adhesive bonding or hot melting - see pg 4/10 of Translation; thus layers 1 and 2 are interpreted as being a single layer of fabric when joined thereby forming upper/lower opposing surfaces of the single fabric layer) comprising a wound contact surface (liquid conducting layer 1) comprised primarily of hydrophobic fibers (comprises 75 wt% of polypropylene fibers; translation pg 5; polypropylene fibers are hydrophobic) and a wound fluid reservoir surface (liquid reserve/storage layer 2) that comprises primarily lyocell fibers (comprises 50 wt% lyocell fibers – translation pg 5). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have modified the device of Feng in view of Feng ‘960 and further in view of Canada to have a wound fluid reservoir surface that comprises primarily the lyocell fibers while the wound contact surface is comprised primarily of hydrophobic fibers, as taught by Rui, in order to improve moisture retention and prevent diffusion of exudates to the skin surrounding a wound (translation pg 3). Furthermore, one having ordinary skill in the art would have been motivated to make such a modification since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Feng in view of Feng ‘960 and further in view of Canada and Rui does not explicitly disclose that the lyocell fibers in the second layer are concentrated on the non-wound facing surface.
Horenziak, however, teaches an absorbent material that may be a multi ply web of multi layered plies, wherein one or more of the layers are comprised of lyocell fibers wherein such multiple plies may be laminated together with layers comprised of lyocell fibers on the outer surfaces of the web or, alternatively, such a web may have layers comprised of lyocell disposed in the interior of the web (para [0009]). Thus, Horenziak teaches that Lyocell fibers in an absorbent article can be concentrated on either the inner or outer surface of a layer of a multi-layered material. Horenziak further teaches that providing lyocell in the outer layers benefits from the softness of lyocell fibers and can have a better hand feel whereas providing a high percentage of lyocell fibers in the interior layers, benefits from the absorbency of lyocell fibers and can have a high absorbent capacity (para [0035]). Thus, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have formed the second layer of the device of Feng in view of Feng ‘960 and further in view of Canada and Rui so that the lyocell fibers are concentrated on the non-wound facing surface of the second layer in order to improve absorbency as taught by Horenziak. Additionally, one would have been motivated to form the second layer of the wound care device to be configured in this manner since such a modification would require rearranging parts of the invention which involves only routine skill in the art.
With respect to claim 6, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the invention substantially as claimed (see rejection of claim 5) and Feng also discloses that the hydrophobic fibers are polyester fibers (para [0011] lines 40-44).
With respect to claim 8, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the invention substantially as claimed (see rejection of claim 5) but Feng does not disclose that the first layer of fabric further comprises an elastomeric fiber.
Canada, however, teaches an analogous wound care device wherein the device comprises a first fiber on the wound contact surface, a second fiber on the fluid reservoir surface, and, additionally, a third fiber such as an elastomeric polyurethane in order to provide elasticity to the device (para [0003]). Canada further teaches that addition of the elastomeric fiber improves conformability and provides some level of softness (para [0022]). Thus, it would have been obvious to one having ordinary skill in the art, before the effective filing date, to have added an elastomeric fiber as taught by Canada to the first layer of the device of Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak in order to provide elasticity and softness and improve conformability of the device.
With respect to claim 11, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the invention substantially as claimed (see rejection of claim 1) and Feng also discloses that the second layer of fabric (2) is a nonwoven fabric (nonwoven – abstract).
With respect to claim 13, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the invention substantially as claimed (see rejection of claim 1) and Feng also discloses that the first layer of fabric (1) is coated with a composition comprising at least one silver-containing compound (para [0027-0029]).
With respect to claim 14, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the invention substantially as claimed (see rejection of claim 14) and Feng also discloses that the at least one silver-containing compound is a mixture of silver ion exchange materials (para [0028]).
With respect to claim 15, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the invention substantially as claimed (see rejection of claim 15) and Feng also discloses that the silver ion exchange material is selected from the group consisting of silver zirconium phosphate, silver calcium phosphate, silver zeolite, and mixtures thereof (silver sodium zirconium hydrogen phosphate – para [0028]).
With respect to claim 16, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the invention substantially as claimed (see rejection of claim 16) and Feng also discloses that the silver ion exchange material is silver zirconium phosphate (para [0028] lines 54-55).
With respect to claims 17-18, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the invention substantially as claimed (see rejection of claim 14) but Feng does not disclose that the composition further comprises a binding agent wherein the binding agent is a polyurethane-based material.
Canada, however, teaches an analogous wound care device wherein silver compounds are added with a binder to the substrates (para [0030]). Canada further teaches that “When specific polyurethane-based binder materials are utilized, the antimicrobial characteristics of the treated substrate are effective with regard to the amount of surface available silver that is released to kill bacteria, without altering the color of the treated substrate” (para [0031]). Thus, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have added a polyurethane-based binding agent as taught by Canada to the first layer of the device of Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak when adding the silver antimicrobial agents to the fabric in order to provide effective antimicrobial characteristics with regard to the amount of surface available silver that is released to kill bacteria, without altering the color of the treated fabric.
With respect to claim 19, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the invention substantially as claimed (see rejection of claim 14) but Feng does not disclose that the device is non-electrically conductive.
Canada, however, teaches an analogous wound care device (example 2 – para [0049]) which is non-electrically conductive (para [0092]). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have formed the device of Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak to be non-electrically conductive like the device of Canada in order to avoid interference with or alter the release rate of silver ions in the material.
With respect to claim 20, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses each and every structural element of the claimed wound care device (see rejection of claim 1) and Feng also teaches that a silver-containing antimicrobial agent can be added to the first layer 1 (see para [0027-0029).
With respect to claim 21 Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the invention substantially as claimed (see rejection of claim 21) and Feng also discloses that the device exhibits antimicrobial efficacy (adding antimicrobial agents such as silver renders the dressing “antimicrobial” – para [0027]; antimicrobial articles exhibit antimicrobial efficacy).
With respect to claim 22, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the invention substantially as claimed (see rejection of claim 1) and Feng also discloses that the device further includes a third layer of fabric (outer layer 3; fig 1).
With respect to claim 23, Feng discloses a wound care device (3 layered wound dressing shown in fig 1; para [0009]) comprising:
a first layer of fabric (wound contact layer 1 in fig 1; para [0009-0010]; formed as a fabric layer – para [0014]) having a wound contact surface (surface of layer 1 configured to contact a wound) and a wound fluid reservoir surface (opposite surface of layer 1 which faces and is adjacent to the middle layer 2 which is interpreted as being a wound fluid reservoir since it absorbs and retains wound fluid – para [0010]), wherein the first layer of fabric (1) contains lyocell fibers (para [0011] line 37);
a second layer of fabric (middle absorbent layer 2 in fig 1; para [0009-0010;0018-0022]) that is a nonwoven fabric (nonwoven – abstract) wherein the second layer of fabric (2) contains primarily lyocell fibers (para [0019]) having a first surface that faces the first layer of jersey knit fabric (surface adjacent to wound contact layer 1) and a second surface that faces away from the first layer of jersey knit fabric (surface that is adjacent to layer 3 in fig 1 which faces away from the wound contact layer 1 and, thus, faces away from a wound during use); and
wherein the first layer of fabric and the second layer of fabric are joined (joined using heat lamination or needle punching or adhesive lamination – para [0030] part 1); and create areas of high loft and low loft across the surface of the fabrics (needle punched fabrics inherently include regions of high/low loft as a result of the interaction between fibers in the fabric and needle barbs at the locations where the fibers are bonded together mechanically through entanglement and friction after the barbs repeatedly penetrate through the material during the needle punching process); and
wherein the wound care device transports wound fluid uni-directionally from the wound contact surface of the first layer of fabric to the wound fluid reservoir surface upon exposure to a wound (wound contact layer 1 absorbs and transfers wound fluid to the middle absorbent layer 2 via almost vertical transfer whereby the fluid is absorbed and retained in layer 2; since the fluid is transferred from layer 1 to layer 2 and then retained in layer 2, the transport is interpreted as being “uni-directional” – see para [0010,0032]).
Feng does not, however, disclose that the first layer of fabric and the second layer of nonwoven fabric are joined together via threads of stitch bonding, wherein the threads of stitch bonding penetrate each layer comprising the wound care device and directly contact a wound.
Feng ‘960, however, teaches a multilayered wound dressing wherein the layers are laminated together by needle punching, thermal binding, chemical (adhesive) bonding, ultrasonic welding, or stitch bonding (para [0025]). Thus, Feng ‘960 teaches that methods such as needle punching and adhesive lamination can be used interchangeably with processes like stitch bonding in order to join layers of a wound dressing. The stitch bonding process involves stitching through layers to thereby bond/join them to one another – the stitches are interpreted as penetrating and passing completely through the layers during this process to join them to each other and thus are expected to be at least partly visible/present on the outer facing surfaces of the joined layers to thereby directly contact a wound during use. Feng ‘960 further teaches that stitch bonded fabric “can produce some pattern at the bonding points such as square, triangle, rectangle, diamond, circle or dot…[which] may be used to prevent the lateral spreading of fluid, providing a lateral moisture locking function to the fabric” (para [0044]). Thus, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have joined the first and second layers of fabric in Feng via threads of stitch bonding, wherein the threads of stitch bonding penetrate each layer comprising the wound care device and directly contact a wound since Feng ‘960 teaches that such a joining mechanism is an acceptable alternative to using needle punching or adhesive lamination to join layers when forming a wound dressing and that such a joining mechanism provides the benefit of forming a pattern in the material which prevents the lateral spreading of fluid and thereby provides a lateral moisture locking function to the fabric.
Feng also does not disclose that the first layer of fabric is a jersey knit fabric.
Canada, however, teaches an analogous wound care device wherein the “fabric may be of any variety, including but not limited to, woven fabric, knitted fabric, nonwoven fabric, or combinations thereof” (para [0020]) but, preferably, is comprised of a knit construction (para [0003]) and, specifically, is a jersey knit that is a circular fabric made with a plain stitch where loops intermesh in only one direction to provide different appearances on the face/back of the fabric (para [0022]). Thus, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have used a jersey knit fabric as taught by Canada instead of a nonwoven fabric for the first layer of the device of Feng in order to provide a different appearance on the face as compared to the back of the fabric. Additionally, one would have been motivated to form the first layer of the dressing of Feng as a jersey knit fabric as taught by Canada since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Feng also discloses that the first layer of fabric (1) contains lyocell fibers (para [0011] line 37), but does not explicitly disclose that the wound fluid reservoir surface comprises primarily the lyocell fibers while the wound contact surface is comprised primarily of hydrophobic fibers.
Rui, however, teaches a wound dressing which comprises a first layer of fabric (layers are combined by needling, adhesive bonding or hot melting - see pg 4/10 of Translation; thus layers 1 and 2 are interpreted as being a single layer of fabric when joined thereby forming upper/lower opposing surfaces of the single fabric layer) comprising a wound contact surface (liquid conducting layer 1) comprised primarily of hydrophobic fibers (comprises 75 wt% of polypropylene fibers; translation pg 5; polypropylene fibers are hydrophobic) and a wound fluid reservoir surface (liquid reserve/storage layer 2) that comprises primarily lyocell fibers (comprises 50 wt% lyocell fibers – translation pg 5). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have modified the device of Feng in view of Canada to have a wound fluid reservoir surface that comprises primarily the lyocell fibers while the wound contact surface is comprised primarily of hydrophobic fibers, as taught by Rui, in order to improve moisture retention and prevent diffusion of exudates to the skin surrounding a wound (translation pg 3). Furthermore, one having ordinary skill in the art would have been motivated to make such a modification since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Feng in view of Feng ‘960 and further in view of Canada and Rui does not explicitly disclose that the lyocell fibers in the second layer are concentrated on the non-wound facing surface.
Horenziak, however, teaches an absorbent material that may be a multi ply web of multi layered plies, wherein one or more of the layers are comprised of lyocell fibers wherein such multiple plies may be laminated together with layers comprised of lyocell fibers on the outer surfaces of the web or, alternatively, such a web may have layers comprised of lyocell disposed in the interior of the web (para [0009]). Thus, Horenziak teaches that Lyocell fibers in an absorbent article can be concentrated on either the inner or outer surface of a layer of a multi-layered material. Horenziak further teaches that providing lyocell in the outer layers benefits from the softness of lyocell fibers and can have a better hand feel whereas providing a high percentage of lyocell fibers in the interior layers, benefits from the absorbency of lyocell fibers and can have a high absorbent capacity (para [0035]). Thus, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have formed the second layer of the device of Feng in view of Feng ‘960 and further in view of Canada and Rui so that the lyocell fibers are concentrated on the non-wound facing surface of the second layer in order to improve absorbency as taught by Horenziak. Additionally, one would have been motivated to form the second layer of the wound care device to be configured in this manner since such a modification would require rearranging parts of the invention which involves only routine skill in the art.
With respect to claim 24, Feng in view of Feng ‘960, Canada and Rui and further in view of Horenziak discloses the wound care device substantially as claimed (see rejection of claim 1) and Feng also discloses a method for managing moisture at a wound site (used in the management of heavy draining wounds to transfer fluid from a wound to prevent skin maceration – abstract; para [0010; 0031-0032]) comprising the steps of:
(a) providing the wound care device (the method involves use of the 3 layered wound dressing shown in fig 1; para [0009]);
(b) placing the wound contact surface of the device in contact with the wound (it is inherent that the wound contact surface of the “wound contact layer” will be placed in contact with a wound in order to absorb/transfer the wound fluid as described in para [0010]); and
(c) allowing the wound care device to transport wound fluid uni-directionally from the wound contact surface to the wound fluid reservoir surface (wound contact layer 1 absorbs and transfers wound fluid to the middle absorbent layer 2 via almost vertical transfer whereby the fluid is absorbed and retained in layer 2; since the fluid is transferred from layer 1 to layer 2 and then retained in layer 2, the transport is interpreted as being “uni-directional” – see para [0010,0032]).
Response to Amendments/Arguments
Applicant’s amendments and arguments filed 2/2/26 have been fully considered as follows:
Regarding the objections to the claims, Applicant’s amendments to claims 1 and 23 have been fully considered and are sufficient to overcome the objections which, accordingly, have been withdrawn.
Regarding the claim rejections under 35 USC 112, Applicant’s amendments to the claims have been fully considered and are sufficient to overcome the rejections which, accordingly, have been withdrawn.
Regarding the claim rejections under 35 USC 103, Applicant’s arguments on pages 5-7 of the Response have been fully considered but are not persuasive.
Specifically, the Office has noted Applicant’s argument’s on pages 5-6 regarding the amendments to the claims to recite that the lyocell fibers of the second layer are concentrated at the surface facing away from the first layer/wound contact surface, but these arguments are rendered moot in view of the new grounds of rejection presented above which were necessitated by Applicant’s amendments to the claims.
The Office has also noted Applicant’s arguments on pages 6-7 that there is no motivation provided by the Examiner to combine and modify the references and arrive at the claimed invention because the Examiner has stated that it would been merely an obvious design choice to modify the dressing of Feng in view of Feng ‘960 so the first layer is a jersey knit fabric as taught by Canada when the claimed features are result-effective and provide functional advantages and, thus, are not just mere design choices. The Office is not persuaded by these arguments, however, because in rejecting claims 1 and 23, the Office has stated that “it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have used a jersey knit fabric as taught by Canada instead of a nonwoven fabric for the first layer of the device of Feng in view of Feng ‘960 in order to provide a different appearance on the face as compared to the back of the fabric. Additionally, one would have been motivated to form the first layer of the dressing of Feng in view of Feng ‘960 as a jersey knit fabric as taught by Canada since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.”. Thus, the Office has provided that one would have been motivated to modify the device not only since such a modification is a matter of obvious design choice but, primarily, in order to provide a different appearance on the face as compared to the back of the article. For at least this reason, the Office is not persuaded by Applicant’s arguments.
Therefore, for at least the reasons provided above, the Office maintains that the prior art of record reads on the claims substantially as recited in the present claims.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 5837365 which teaches hydrophilic polypropylene membranes.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAITLIN CARREIRO whose telephone number is (571)270-7234. The examiner can normally be reached M-F 7:30am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael Bredefeld can be reached at 571-270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CAITLIN A CARREIRO/Primary Examiner, Art Unit 3786
Prosecution Insights